CHARLESTON — West Virginia has joined in with 23 other states asking the U.S.Supreme Court to overturn a ruling that permits states to outlaw ammunition magazines that are legal in more than half of the country.
The ruling was made in New Jersey. West Virginia Attorney General Patrick Morrisey joined the coalition in filing an amicus brief.
"The Attorneys General have experience protecting public safety and citizen interests in states where magazines capable of holding more than ten rounds are lawfully possessed and used," the brief states. "The Amici States the Attorneys General serve are among the forty-three states that permit the standard, eleven-plus capacity magazines that New Jersey has banned and have advanced their compelling interests in promoting public safety, preventing crime, and reducing criminal firearm violence without a magazine ban such as the one here."
In the brief, the coalition argues that no state law should intrude on its citizens' constitutional rights and, if left intact, the New Jersey law will infringe upon the Second Amendment rights of citizens in other states.
“The right to keep and bear arms is vital to West Virginians and law-abiding gun owners across the nation,” Morrisey said. “Limiting ammunition magazines in such a manner flagrantly mocks the Second Amendment freedom that our nation’s founders gave all Americans to defend themselves and their property. Simply put, it could be a matter of life and death.”
The brief argues that calling the magazines “large-capacity” is a misnomer, as they often hold only in the range of 11 to 15 rounds, which isn't a large number, and come standard with many of the most popular firearms.
"There is nothing sinister about citizens bearing the Affected Magazines," the brief states. "Law-abiding citizens bearing the Affected Magazines with lawful firearms benefit public safety, counter-balance the threat of illegal gun violence, and help make our streets safer."
West Virginia joined with Arizona, Louisiana, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming in the brief.